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defining-direct-and-derivative-claims:-delaware&amp Case Commentaries

After Goldey and Egbert: Third Circuit Reaffirms No Bivens for Federal Prison Conditions and Excessive Force, But Requires Leave to Amend for Rehabilitation Act and RFRA Claims

After Goldey and Egbert: Third Circuit Reaffirms No Bivens for Federal Prison Conditions and Excessive Force, But Requires Leave to Amend for Rehabilitation Act and RFRA Claims

Date: Oct 27, 2025
After Goldey and Egbert: Third Circuit Reaffirms No Bivens for Federal Prison Conditions and Excessive Force, But Requires Leave to Amend for Rehabilitation Act and RFRA Claims Introduction In Thomas...
Flow-Down Defective-Work Clauses Override Time-and-Materials Billing; Recoupment Permitted Against Same-Contract Sums

Flow-Down Defective-Work Clauses Override Time-and-Materials Billing; Recoupment Permitted Against Same-Contract Sums

Date: Oct 27, 2025
Flow-Down Defective-Work Clauses Override Time-and-Materials Billing; Recoupment Permitted Against Same-Contract Sums Case: Umoja Erectors LLC v. D.A. Nolt Inc., et al. Court: United States Court of...
Hermann Estoppel Revived and Provider Assignments Clarified: The Fifth Circuit’s Framework for Out‑of‑Network ERISA Claims in Angelina Emergency Med. v. Blue Cross

Hermann Estoppel Revived and Provider Assignments Clarified: The Fifth Circuit’s Framework for Out‑of‑Network ERISA Claims in Angelina Emergency Med. v. Blue Cross

Date: Oct 27, 2025
Hermann Estoppel Revived and Provider Assignments Clarified: The Fifth Circuit’s Framework for Out‑of‑Network ERISA Claims in Angelina Emergency Med. v. Blue Cross Introduction In Angelina Emergency...
No Statutory Lanham Act Damages Without a Registered Mark: Fifth Circuit Vacates Awards and Clarifies Limits on Attorney Immunity in Lewis Brisbois v. Bitgood

No Statutory Lanham Act Damages Without a Registered Mark: Fifth Circuit Vacates Awards and Clarifies Limits on Attorney Immunity in Lewis Brisbois v. Bitgood

Date: Oct 27, 2025
No Statutory Lanham Act Damages Without a Registered Mark: Fifth Circuit Vacates Awards and Clarifies Limits on Attorney Immunity in Lewis Brisbois v. Bitgood Introduction In an unpublished but...
No Post‑Termination Royalties Absent Express Language: “Developed and Manufactured During the Initial Term” Means What It Says

No Post‑Termination Royalties Absent Express Language: “Developed and Manufactured During the Initial Term” Means What It Says

Date: Oct 27, 2025
No Post‑Termination Royalties Absent Express Language: “Developed and Manufactured During the Initial Term” Means What It Says Case: Strategy and Execution, Inc. v. Black Rifle Coffee Company,...
General Compliance Clauses Do Not Waive Tribal Sovereign Immunity: Sixth Circuit Affirms Dismissal of FLSA Suit Against Tribally Owned Casino

General Compliance Clauses Do Not Waive Tribal Sovereign Immunity: Sixth Circuit Affirms Dismissal of FLSA Suit Against Tribally Owned Casino

Date: Oct 27, 2025
General Compliance Clauses Do Not Waive Tribal Sovereign Immunity: Sixth Circuit Affirms Dismissal of FLSA Suit Against Tribally Owned Casino Alexandria Parrotta v. Island Resort & Casino, No....
Undercover buyer’s export statement and contextual cues suffice for § 2K2.1(b)(6)(A): Sixth Circuit affirms export-enhancement, invited-error bar to acceptance-of-responsibility challenge, and within-Guidelines sentence in United States v. Darvell Jackson

Undercover buyer’s export statement and contextual cues suffice for § 2K2.1(b)(6)(A): Sixth Circuit affirms export-enhancement, invited-error bar to acceptance-of-responsibility challenge, and within-Guidelines sentence in United States v. Darvell Jackson

Date: Oct 27, 2025
Undercover buyer’s export statement and contextual cues suffice for § 2K2.1(b)(6)(A): Sixth Circuit affirms export-enhancement, invited-error bar to acceptance-of-responsibility challenge, and...
Sixth Circuit: Kentucky Wanton Second-Degree Manslaughter Is Not a “Crime of Violence” Under the Guidelines; Misclassification Is Plain Error (United States v. Tooley)

Sixth Circuit: Kentucky Wanton Second-Degree Manslaughter Is Not a “Crime of Violence” Under the Guidelines; Misclassification Is Plain Error (United States v. Tooley)

Date: Oct 27, 2025
Sixth Circuit: Kentucky Wanton Second-Degree Manslaughter Is Not a “Crime of Violence” Under the Guidelines; Misclassification Is Plain Error Introduction In United States v. Tooley, the Sixth...
Concurrent Sentence Doctrine Extends to Sentences Consecutive to Life; MVRA Permits Lost-Income Restitution to Deceased Victims’ Family Members (Clarified): Commentary on United States v. Lesley Green (and Philmon Chambers)

Concurrent Sentence Doctrine Extends to Sentences Consecutive to Life; MVRA Permits Lost-Income Restitution to Deceased Victims’ Family Members (Clarified): Commentary on United States v. Lesley Green (and Philmon Chambers)

Date: Oct 27, 2025
Concurrent Sentence Doctrine Extends to Sentences Consecutive to Life; MVRA Permits Lost-Income Restitution to Deceased Victims’ Family Members (Clarified) Commentary on United States v. Lesley Green...
United States v. Philmon Chambers (11th Cir. 2025): Eleventh Circuit Extends the Concurrent-Sentence Doctrine to Life-Plus Sentences and Affirms MVRA Restitution for Deceased Victims’ Family Members

United States v. Philmon Chambers (11th Cir. 2025): Eleventh Circuit Extends the Concurrent-Sentence Doctrine to Life-Plus Sentences and Affirms MVRA Restitution for Deceased Victims’ Family Members

Date: Oct 27, 2025
United States v. Philmon Chambers (11th Cir. 2025): Eleventh Circuit Extends the Concurrent-Sentence Doctrine to Life-Plus Sentences and Affirms MVRA Restitution for Deceased Victims’ Family Members...
Reciprocal Rule 404(b) Notice and No Remmer Hearing Absent Genuine External Influence: United States v. Acebo (10th Cir. 2025)

Reciprocal Rule 404(b) Notice and No Remmer Hearing Absent Genuine External Influence: United States v. Acebo (10th Cir. 2025)

Date: Oct 27, 2025
Reciprocal Rule 404(b) Notice and No Remmer Hearing Absent Genuine External Influence: United States v. Acebo (10th Cir. 2025) United States v. Acebo, No. 24-8035 (10th Cir. Oct. 23, 2025) —...
Third Circuit Clarifies: No “Agency Exception” to Twombly/Iqbal and No Consumer‑Initiation Requirement under FCRA § 1681b(a)(3)(A)

Third Circuit Clarifies: No “Agency Exception” to Twombly/Iqbal and No Consumer‑Initiation Requirement under FCRA § 1681b(a)(3)(A)

Date: Oct 27, 2025
Third Circuit Clarifies: No “Agency Exception” to Twombly/Iqbal and No Consumer‑Initiation Requirement under FCRA § 1681b(a)(3)(A) Case: Eva Migliore v. Vision Solar LLC, et al. (Sunlight Financial...
Third Circuit Holds Section 1782 Petitions Are Not “Civil Actions” Under FAA § 4, So Arbitration Cannot Be Compelled From the § 1782 Docket

Third Circuit Holds Section 1782 Petitions Are Not “Civil Actions” Under FAA § 4, So Arbitration Cannot Be Compelled From the § 1782 Docket

Date: Oct 27, 2025
Third Circuit Holds Section 1782 Petitions Are Not “Civil Actions” Under FAA § 4, So Arbitration Cannot Be Compelled From the § 1782 Docket Note: The opinion is designated “Not Precedential,” but...
Arzamendi v. Hegseth: Rescission of Federal Vaccine Mandate Does Not Moot Damages Claims; Religious Accommodation Pleadings Must Specifically Tie Beliefs to Testing/Masking Protocols

Arzamendi v. Hegseth: Rescission of Federal Vaccine Mandate Does Not Moot Damages Claims; Religious Accommodation Pleadings Must Specifically Tie Beliefs to Testing/Masking Protocols

Date: Oct 27, 2025
Arzamendi v. Hegseth: Rescission of Federal Vaccine Mandate Does Not Moot Damages Claims; Religious Accommodation Pleadings Must Specifically Tie Beliefs to Testing/Masking Protocols Introduction In...
Common‑Area Visibility as the “Additional Nexus” for Proving Knowledge of Firearms in Joint‑Occupancy § 924(c) Cases

Common‑Area Visibility as the “Additional Nexus” for Proving Knowledge of Firearms in Joint‑Occupancy § 924(c) Cases

Date: Oct 27, 2025
Common‑Area Visibility as the “Additional Nexus” for Proving Knowledge of Firearms in Joint‑Occupancy § 924(c) Cases United States v. Aaric Murray and Richard Kirkland Johnson, No. 23‑4328 & 23‑4331...
United States v. Johnson (4th Cir. 2025): Circumstantial Proof of Firearm Knowledge in Jointly Occupied Homes Suffices for § 924(c) Aiding-and-Abetting

United States v. Johnson (4th Cir. 2025): Circumstantial Proof of Firearm Knowledge in Jointly Occupied Homes Suffices for § 924(c) Aiding-and-Abetting

Date: Oct 27, 2025
United States v. Johnson (4th Cir. 2025): Circumstantial Proof of Firearm Knowledge in Jointly Occupied Homes Suffices for § 924(c) Aiding-and-Abetting Court: U.S. Court of Appeals for the Fourth...
Hall v. Nassau County: Standing for Systemic Tax-Assessment Challenges and Venue Transfer for Countywide Juror Interest

Hall v. Nassau County: Standing for Systemic Tax-Assessment Challenges and Venue Transfer for Countywide Juror Interest

Date: Oct 27, 2025
Hall v. Nassau County: Standing for Systemic Tax-Assessment Challenges and Venue Transfer for Countywide Juror Interest Court: Appellate Division of the Supreme Court, Second Department (Barros,...
Second Department Clarifies Limits on Trial Subpoenas in Fiduciary Accountings and Reaffirms Prudent‑Investor Deference for Intra‑Family Trust/GRAT Transactions

Second Department Clarifies Limits on Trial Subpoenas in Fiduciary Accountings and Reaffirms Prudent‑Investor Deference for Intra‑Family Trust/GRAT Transactions

Date: Oct 27, 2025
Second Department Clarifies Limits on Trial Subpoenas in Fiduciary Accountings and Reaffirms Prudent‑Investor Deference for Intra‑Family Trust/GRAT Transactions Case: Matter of Cheryl LaBella...
Primary-Use Gatekeeping Under RPTL 420-a: Member-Only Social Functions Defeat Exemption Despite Cultural Mission

Primary-Use Gatekeeping Under RPTL 420-a: Member-Only Social Functions Defeat Exemption Despite Cultural Mission

Date: Oct 27, 2025
Primary-Use Gatekeeping Under RPTL 420-a: Member-Only Social Functions Defeat Exemption Despite Cultural Mission Case: Matter of Germania of Poughkeepsie, Inc. v. Town of Poughkeepsie Citation: 2025...
People v. Lewis: Protective Frisks Stop at the Pat‑Down; Federal Harmless‑Error Standard Requires New Trial on Robbery‑Related Counts

People v. Lewis: Protective Frisks Stop at the Pat‑Down; Federal Harmless‑Error Standard Requires New Trial on Robbery‑Related Counts

Date: Oct 27, 2025
People v. Lewis: Protective Frisks Stop at the Pat‑Down; Federal Harmless‑Error Standard Requires New Trial on Robbery‑Related Counts Introduction In People v. Lewis (2025 NY Slip Op 05823), the...
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